1.
The Vice-President is elected by an electoral college consisting
of members of both Houses of Parliament, in accordance with the
system of proportional representation by means of the single transferable
vote and the voting in such election is by secret ballot. The
Electoral College to elect a person to the office of the Vice-President
consists of all members of both Houses of Parliament*.
2. The Vice-President is not a member of
either House of Parliament or of a House of a Legislature of any
state. If a member of either House of Parliament or of a House
of a Legislature of any state is elected as Vice-President, he
is deemed to have vacated his seat in that House on the date he/she
enters his office as Vice-President.
3.
A person cannot be elected as Vice-President unless he -
a. is a citizen of India;
b. has completed the age of 35 years, and
c. is qualified for election as a member of the Council of States
(Rajya Sabha).
A person is not also eligible if he holds any office of profit
under the Government of India or a State Government or any subordinate
local authority.
4.
An election to fill a vacancy caused by the expiry of the term
of office of Vice-President is completed before the expiry of
the term. In case a vacancy arises by reasons of death, resignation
or removal or otherwise, the election to fill that vacancy is
held as soon as possible after the occurrence**. The person so
elected is entitled to hold office for a full term of 5 years
from the date he enters office.
Superintendence of the Election of the
Vice-President:
The Election Commission of India conducts the election to the
office of the Vice-President.
Important Provisions relating to the Election of the Vice-President:
1. The election of the next Vice-President is to be held
within 60 days of the expiry of the term of office of the outgoing
Vice-President.
2. The Returning Officer usually appointed to conduct the
Vice-Presidential elections is the Secretary-General of either
House of the Parliament, by rotation. The Returning Officer issues
a public notice of the intended election in a prescribed form,
inviting nomination of candidates and specifies the place where
the nomination papers are to be delivered.
Any
person qualified to be elected and intending to stand for election
as Vice-President is required to be nominated by at least 20 MPs
as proposers and at least 20 MPs as seconders.
Nomination
papers are to be presented to the Returning Officer at the place
and upto the time and date, specified in the public notice. A
maximum of 4 nomination papers by, or on behalf of, any candidate
may be presented to, or accepted by, the Returning Officer.
3.
A candidate seeking election as Vice-President is required to
make a security deposit of Rs.15,000/-. This is the only amount
that is required to be deposited by a candidate irrespective of
the number of nomination papers filed on his behalf.
4.
The nomination papers are scrutinised on the specified date by
the Returning Officer in the presence of the candidate and his
proposer or seconder and any one other person duly authorised.
5.
Any candidate may withdraw his candidature by a notice in writing
in a prescribed form delivered to the Returning Officer within
the time specified.
6.
In the election an elector has as many preferences as there are
candidates. In casting his vote, an elector is required to record
on his ballot paper the figure 1 at the space opposite the name
of the candidate whom he chooses as his first preference and may,
in addition, record as many subsequent preferences as he/she wishes
by recording on his ballot paper the figures 2,3,4, and so on,
in the space opposite the names of other candidates. The votes
should be recorded in the international form of Indian numerals
or in the Roman form or in the form of any Indian language but
should not be indicated in words.
Every
ballot paper represents one vote at each count. The procedure
for counting votes consists of the following steps:
a.
The number of first preference votes secured by each candidate
is ascertained.
b.
The numbers so ascertained are added up - the total is divided
by two and one is added to the quotient disregarding any remainder.
The resulting number is the quota sufficient for a candidate to
secure his return at the election.
c.
If at the end of the first or any subsequent count, the total
number of votes credited to any candidate is equal to, or greater
than the quota, that candidate is declared elected.
d.
If at the end of any count, no candidate can be declared elected,
then;
(a) the candidate who upto the stage has been credited with the
lowest number of votes shall be excluded from the poll, and all
his ballot papers will be again scrutinised, one by one, with
reference to the second preference marked, if any, on them. These
ballot papers will be transferred to the respective remaining
(continuing) candidates for whom such second preferences have
been marked thereon, and the value of votes of those ballot papers
credited to such candidates. These ballot papers shall be transferred
to the aforesaid continuing candidate. The ballot papers on which
the second preference is not marked shall be treated as exhausted
ballot papers and shall not be counted further, even if they contain
third or any subsequent preference.
If at the end of this count, some candidate reaches the quota,
he shall be declared elected.
(b) If at the end of the second count also, no candidate can be
declared elected, the counting will proceed still further by exclusion
of the candidate who is now lowest on the poll upto this stage.
All his ballot papers, including the ballot papers which he might
have received during the second count, will again be scrutinised
with reference to the 'next available preference' marked on each
of them. If on a ballot paper received by him in the first count,
the second preference is marked for any of the continuing candidates,
it shall be transferred to that candidate. If on any such ballot
paper, the second preference is marked for the candidate who has
already been excluded in the second round, such ballot paper shall
be transferred with reference to the third preference, if any,
for a continuing candidate. Similarly, the ballot papers received
by him in the second round by way of transfer will also be scrutinised
with reference to the third preference marked on them.
This
process of exclusion of candidates lowest on the poll will be
repeated till one of the continuing candidates reaches the quota.
7.
After the election has been held and the votes have been counted,
the Returning Officer declares the result of the election. Thereafter,
he reports the result to the Central Government (Ministry of Law
& Justice) and the Election Commission of India and the Central
Government publishes the name of the person elected as Vice-President,
in the Official Gazette.
Disputes regarding Election of the Vice-President:
1. All doubts and disputes arising in connection with the
election of the Vice-President are enquired into and decided by
the Supreme Court of India whose decision is final.
2.
A petition challenging the election of the Vice-President is heard
by a five-judge bench of the Supreme Court of India.
3.
The petition has necessarily to be accompanied by a security deposit
of Rs. 20,000/-.
Text
of Oath of Affirmation by the Vice-President:
"I, ________ do swear in the name of God that I will bear
true faith and allegiance to solemnly affirm the Constitution
of India as by law established and that I will faithfully discharge
the duty upon which I am about to enter."
*The electoral college for electing the President of India comprises
of only the elected members of Parliament and State Legislative
Assemblies.
**The Constitution provides an outer limit of six months (Article
62) for election to the office of the President of India under
these circumstances
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